Elenita Binay asks SC to nullify evidence in OsMak case

Former Makati City Mayor Elenita Binay has sought the intervention of the Supreme Court in her bid the nullify the evidence of the prosecution in her graft and malversation charges over the alleged anomalous purchase of P45 million worth of supplies for the Ospital ng Makati.

Binay filed a petition for certiorari before the SC, a copy of which was furnished to the Sandiganbayan Third Division on Tuesday.

Binay said the Sandiganbayan erred in admitting the evidence of the prosecution despite the lack of original and authenticated copies of the documents.

"Petitioner submits that the respondent Sandiganbayan acted without or in excess of jurisdiction or committed grave abuse of discretion, amounting to lack or excess of jurisdiction," Binay said in her 22-page plea.

The wife of former Vice President Jejomar Binay was charged with two counts each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and malversation of public funds.

Binay allegedly had a hand in the irregular purchase of hospital beds and cabinets, and dry-heat sterilizers through direct contracting from Apollo Medical Equipment and Supplies and its proprietor Apollo Carreon.

Her lawyers argued the prosecution failed to prove the P45-million contract was anomalous and that there was insufficient proof she acted in conspiracy with her co-accused.

Nonetheless, the Sandiganbayan accepted and affirmed the admissibility of the documentary evidence of the prosecution in its resolutions dated September 7, 2018 and October 8, 2018, respectively.

The Sandiganbayan said the objections of Binay then "refer more to the probative value than their admissibility."

Binay, however, said several of these documents should be excluded.

She said the prosecution only presented photocopies during the trial while some documents failed to be authenticated by its legal custodian, such as those presented by former Vice Mayor Ernesto Mercado during his testimony.

"From the records therefore, it is undisputed that the original copies of the documents were never presented in court during trial, neither did the prosecution lay the basis for the presentation and admission of secondary evidence," Binay said.

Binay also has a pending appeal at the Sandiganbayan seeking the outright dismissal of the same case.

Aside from this, Binay faces graft charges in connection with the supposed anomalous purchase of office partitions and furniture worth P72.06 million in 1999 during her term as Makati mayor. —LDF, GMA News